DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHE-Demag Australia Pty Ltd
(AG2017/3838)

MHE-DEMAG AUSTRALIA PTY. LTD. VICTORIA ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 7 DECEMBER 2017

Application for approval of the MHE-Demag Australia Pty. Ltd. Victoria Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MHE-Demag Australia Pty. Ltd. Victoria Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MHE-Demag Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 31 March 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MHE-Demag Australia Pty Ltd, sought approval of the MHE-Demag Australia Pty Ltd Victoria Enterprise Bargaining Agreement 2017 from the Fair Work Commission. This application arose from negotiations between the applicant and a union representing its employees, with the aim of establishing terms and conditions of employment for the workforce. The union submitted that the proposed agreement should be rejected, arguing it failed to meet the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. This involved examining whether the agreement contained all the mandatory terms prescribed by the Act and whether it met the criteria for approval, such as being in writing, being free from any terms that were inconsistent with the Act, and being supported by a majority of the employees. The union's objections centred on specific clauses within the agreement that it argued were deficient or contravened the Act.

The commission assessed the agreement against the statutory criteria and found that while most of the agreement met the required standards, certain provisions did not comply with the Act. Despite these deficiencies, the commission determined that the overall agreement still met the essential criteria for approval. The majority of employees had endorsed the agreement, and the benefits of approving it outweighed the shortcomings. Consequently, the commission approved the agreement with specific conditions to address the identified issues, ensuring compliance with the Act.

The commission's decision was that the MHE-Demag Australia Pty Ltd Victoria Enterprise Bargaining Agreement 2017 be approved, subject to the conditions set forth by the commission to rectify the non-compliant terms. The union's objections were largely dismissed, and the agreement was endorsed as meeting the statutory requirements for approval.

MHE-Demag Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established